辅助黑貂 wins patent impeachment action against JL 能源at the Federal Court

截止日期

五月06,2019

牵头办公室

卡尔加里

2019年5月6日,联邦法院对Aux Sable Liquid Products LP,Aux Sable Liquid Products Inc.和Aux Sable Canada Ltd(统称"Aux Sable")对抗JL 能源Transportation Inc(2019 FC 58)。 JL能源’s patent generally covered a new method of transmitting natural gas by pipeline in a manner that achieved greater efficiency by exploiting the compressibility of non-ideal gases. JL 能源had brought an earlier action seeking $600,000,000 in damages against 辅助黑貂 and Alliance in the Alberta Court of Queen’代表涉嫌违反其在艾伯塔省的Alliance Pipeline的运营而违反合同和侵犯专利的案件。

The focus of 辅助黑貂’s action was the invalidation of claims 9-10, which JL 能源alleges in their action that are infringed by 辅助黑貂. Justice Southcott invalidated claims 9-10 on the basis that they were anticipated, not useful, overly broad, and did not claim patentable subject matter. Justice Southcott would also have invalidated the claims for being obvious but held that such a finding was unnecessary.

辅助黑貂 is a Canadian company in the energy sector that engages in extracting, processing, fractionating, producing, and supplying natural gas liquids (NGL) in North America.

麦卡锡étrault LLP is acting for 辅助黑貂 with a team co-led by 蒂莫西·埃兰 and 史蒂文·坦纳 that includes 三再也 门迪斯 and 肯德拉 Levassuer.